1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On March 8, 2012, the Plaintiff: (a) borrowed KRW 10 million from D through the introduction of C on March 8, 2012; (b) at the same time, the Plaintiff was liable for the Defendant’s debt amounting to KRW 10 million; and (c) drafted the instant loan certificate (Evidence A 1) to pay KRW 20 million in total to D by October 30, 2012.

B. On March 20, 2013, the Plaintiff did not pay the remainder of KRW 10 million out of the aforementioned KRW 20 million to D, and D filed a lawsuit against the Plaintiff on December 6, 2013, the Daejeon District Court Decision 2013Da3440, which claimed the payment of the remainder of KRW 10 million and the delay damages.

C. On December 1, 2014, the foregoing court rendered a ruling of recommending reconciliation with the purport that D would pay 7 million won to D up to January 31, 2015, and D would waive the remainder of the claims against the Plaintiff. The Plaintiff paid the above KRW 7 million to D on February 1, 2015 according to the said ruling finalized by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. First, according to the preparation of the loan certificate in this case, the plaintiff bears the defendant's obligation to pay 10 million won to D directly. Thus, it is reasonable to view that the plaintiff as the loan certificate in this case has acquired the defendant's obligation to D in overlappingly.

B. Meanwhile, it is very rare to accept the obligation through a contract with the obligee without the obligee’s request. Therefore, in principle, the obligor and the underwriter are jointly and severally liable with the obligor, and in a case where there is no subjective joint relationship due to the obligor’s request, if there is no subjective joint relationship due to the obligor’s failure to do so, it shall be deemed that there is a

In addition, when the debtor jointly and severally liable obtains the repayment or other joint discharge at his own expense, he may exercise the right of indemnity against the other debtor's share, and in this case the share to be borne.